Notification Regarding Disposal of Applications/requests for Recordal of Post Registration Changes in Trademarks

January 11, 2013

The Office of Controller General of Patents, Designs, and Trademarks (CGPDTM) has issued a notification informing the stakeholders about the special drive to be initiated by the Registry for disposal of requests pertaining to post-registration changes in Trademarks.

The drive would be initiated in the month of February (2013) and the Registry would be taking up all the requests for records of post-registration changes (including the assignments) made of Forms TM 17, -17 , 19, 20, 23, 24, 33, 34, 35, 36, 38, 42, 43 or 50 and submitted till December 31, 2012.

The requests would be disposed of in sequential order of changes by the officer taking up that trademark. In case of a request involving many trademarks having different jurisdiction, the request shall be disposed of by the office having jurisdiction with respect to the first trademark mentioned in the request

It is worth mentioning that no separate hearing notice would be issued in such cases. The proprietors, authorized agents, and advocates, whose requests for change in registered trademarks have not been recorded and mentioned in the “Registered Trade Mark detail” portal of the Registry’s website, are therefore directed to appear before the nominated officer at the Registry in February 2013.

The name of the nominated officer and scheduled date in this regard would later be notified by the Registrar.

The proprietors and their authorized agents/advocates are further directed to bring the following document at the time of the appearance in the Registry:

  • Statement of the case in indicating the sequence of changes relating to the registered trademark(s)
  • An up-to-date affidavit to the effect that no litigation is pending in respect of the assignment/transmission mentioned in the request.
  • Authentic copy of the requests for records of earlier changes (along with fee receipt), if any, which have not been brought on record.
  • Authentic copy of the Assignment Deed(s) or document(s) on the basis of which the change is requested.
  • Authentic copy of latest Power of Attorney/General Power of Attorney in favor of the agent.
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